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Ohio Criminal Law Questions & Answers
2 Answers | Asked in Internet Law and Criminal Law for Ohio on
Q: Is "Ageplay" online roleplay legal in Ohio?

I would like to inquire about the legality of certain internet activity in the state of Ohio related to "Ageplay," an online roleplay, sometimes sexual, between two consenting adults, with one or more roleplaying as fictional characters under 18. Are there specific laws or cases in Ohio... View More

Jeremy Malcolm
Jeremy Malcolm
answered on May 30, 2025

I am glad you reached out as I am an expert on this sensitive topic and have written about it extensively. I am not sure if I am permitted to link to what I have written on Justia so let me summarise here. Ageplay is legal in the United States, online or offline. In other countries, online ageplay... View More

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2 Answers | Asked in Criminal Law, Car Accidents, Insurance Defense and Personal Injury for Ohio on
Q: Can I be charged with hit and skip if I'm unlicensed and not at fault?

I was involved in an accident where the other driver was at fault and fled the scene. I do not have a driver's license. After waiting 20-30 minutes and not seeing the police or other driver, I left the scene to go to work. The police later arrived at my workplace, where I fully cooperated with... View More

Emery Brett Ledger
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answered on May 29, 2025

Hi there,

Thank you for sharing what happened — I can only imagine how stressful that must’ve been, especially with your vehicle totaled and everything else going on. I want to make sure you get a clear understanding of where things stand legally and what your next steps might be....
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2 Answers | Asked in Criminal Law, Civil Rights and Appeals / Appellate Law for Ohio on
Q: Concerns about violation of rights in an aggravated burglary case in Ohio due to lengthy trial delays and lack of accuser testimony.

My daughter was charged with aggravated burglary in Ohio in July 2024 after allegedly kicking in her boyfriend's door and having a physical altercation with a girl inside. It seems her rights may be violated as nobody has testified at any of her court dates over the past 10 months. Recently,... View More

Matthew Williams
Matthew Williams
answered on May 3, 2025

Unfortunately, the criminal process is a long one and the right to confrontation comes at the end.

Ohio has a codified right to a speedy trial. Assuming the defendant is out on bail, the State has 270 days to bring her to trial on a felony. There is a triple count on days, if the accused...
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2 Answers | Asked in Civil Rights, Gov & Administrative Law and Criminal Law for Ohio on
Q: Can police take non-controlled medication during a traffic stop in Ohio?

During a traffic stop in Mansfield, Ohio, a police officer took my prescribed medications from a bag because I lost the bottle lid. The medications are neither controlled nor scheduled substances. The officer did not provide any receipt or explanation for taking them, and no citations or charges... View More

Kelly A Rochotte
Kelly A Rochotte
answered on Apr 3, 2025

You should contact an attorney in your area who is familiar with local police custom, but you can first try the police department where the officers were dispatched from. It is not a violation typically for them to seize unbottled pills to verify them.

Depending on local practice, they may...
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1 Answer | Asked in Criminal Law and Traffic Tickets for Ohio on
Q: What to do about a 6-year-old warrant for driving under suspension in Ohio?

I recently found out that I have a warrant from 6 years ago for driving under suspension. At the time, I was participating in a Christian-based program. Since then, I haven't had any legal issues or interactions with law enforcement, and this is the first time I've heard about the... View More

Paul J. Siegferth Jr.
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answered on Feb 22, 2025

For my clients in a similar position, I contact the court and make arrangements to bring them into court to recall the warrant. If the client is out of town, I will motion for my client to appear via Zoom. The court will then set the matter for a pretrial and I'll discuss a resolution with the... View More

1 Answer | Asked in Criminal Law for Ohio on
Q: In Ohio if I Swerve in my lane can an officer pull me over legally?

I know I never swerved one time and stayed in between the lines at all times. How does he prove that I swerved at all? Also do I have to drive erratic or just swerve one time? is his word enough to convict me? Where is this all documented and can you site case law?

Paul J. Siegferth Jr.
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answered on Jan 12, 2025

Hello, most police cruisers are equipped with a dash camera that should show the swerving in question. An officer may pull you over for swerving within your lane if the officer reasonably suspects a traffic violation has occurred, such as impaired driving or texting while driving. Consult with a... View More

1 Answer | Asked in Criminal Law for Ohio on
Q: Law states if you know a felony has been committed you must report. What if its all third party info?

For example, if someone tells me that someone else told them that they committed an offense, does that constitute me “knowing” and having to report even though I cannot confirm that it happened, and the person telling me did not witness it either? It would seem more wise to inly report if you... View More

Linda  Malek
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answered on Jan 9, 2025

Hello. You do not have to report third party information of a potential crime, especially when you don’t even know if that third party information is correct. Reporting a crime that you have knowledge of is usually first hand knowledge unless you have reason to believe that the other party... View More

1 Answer | Asked in Criminal Law for Ohio on
Q: I just found out I was issued m1 theft warrants what should I do
Paul J. Siegferth Jr.
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answered on Dec 12, 2024

Hello, I have had clients in your position. I contact the court's bailiffs and figure out a good time to bring in my client. Once before the judge, I ask the judge to recall the warrant, arraign you, and address bond. I try to get my clients a signature bond so they can go about their life. We... View More

1 Answer | Asked in Criminal Law for Ohio on
Q: How can I get a warrant for uncompleted community service hours dropped without going to jail?

I couldn't complete them because I'm disabled and every assignment caused me unbearable pain due to a botched spinal fusion surgery. I completed as many as I could.

Paul J. Siegferth Jr.
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answered on Dec 12, 2024

Hello, if I had a client in a similar situation I would contact the court staff and figure out a good time to bring you in and recall the warrant. I would then talk with the prosecutor and make her aware of your medical condition, supported by documentation. Ultimately, I would lobby to have the... View More

2 Answers | Asked in Civil Litigation and Criminal Law for Ohio on
Q: Someone broke into our building. We shot them. Now they are suing us. We are both in our 80s & live humbly.. Any option
Tim Akpinar
Tim Akpinar
answered on Dec 9, 2024

An Ohio attorney could advise best, but your question remains open for two weeks. In terms of options you ask about, you could review the paperwork for the civil case you received with an attorney. An attorney would want to know more details about what they are suing for, and more about your... View More

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1 Answer | Asked in Criminal Law for Ohio on
Q: My grandson is 17 and been acused of aggravated robbery and he said he didnt do it,so I will like legal advise .

He is having a pre trial in the 20th of November I think ,I havent got the date on the mail.

Bruce Boerst
Bruce Boerst
answered on Nov 14, 2024

t’s understandable that you want to support your grandson through this challenging situation. Aggravated robbery is a serious charge, especially for a young person, and it's crucial he has strong legal representation to ensure his rights are protected. Here are some steps to consider:... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Ohio on
Q: If I open my door, to answer police who are knocking at the door, can they push they're way in w/o search warrant?

Is the act of opening the front door considered an invitation to come inside? Once inside, would they have to show a search warrant apon request? Furthermore, would they have to give they're names and badge numbers apon request. Would they be required to wear vest cams while executing a bench... View More

Bruce Boerst
Bruce Boerst
answered on Nov 14, 2024

In Ohio, opening your door to police officers does not automatically grant them permission to enter your home without a warrant. The Fourth Amendment protects against unreasonable searches and seizures, and entry into a residence typically requires a warrant or the resident's explicit consent.... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Ohio on
Q: I was sentenced for a crime yesterday. After sentencing I left court. The balif came out and said I had to do it again

Because of a recording error. The balif said "this will help you in the long run" So the judge repeated the sentance again. Double jepordy?

Bruce Boerst
Bruce Boerst
answered on Nov 14, 2024

The situation you described does not appear to raise a double jeopardy issue. Double jeopardy, protected under the Fifth Amendment, prevents an individual from being prosecuted or punished twice for the same offense after a final judgment. However, your scenario likely involves a procedural error... View More

1 Answer | Asked in Criminal Law for Ohio on
Q: I had the police show up at my house today. I didn't answer and they refused to discuss over phone. What do I do?

My ex has had me arrested twice before and he just lost in court against me so whatever this is is retaliation. I'm terrified of cops to the point of panic attacks. I don't know how to handle this.

Joshua Mulligan
Joshua Mulligan
answered on Oct 15, 2024

If you were a victim or witness to a crime the police would probably be nice and give you some information over the phone. It sounds like you are being treated as a suspect.

It is almost always a bad idea to speak to the police. Their purpose in speaking to you is to get you to say...
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1 Answer | Asked in Criminal Law, Federal Crimes, Civil Litigation and Health Care Law for Ohio on
Q: Can Probation office enforce a (unwritten) requirement mandating disclosure of patient’s therapy records to third party?

Probation Office put in place a new (unwritten) requirement for persons in their programs to have an accountability partner. This requirement involves a process of a third party (another person) previewing/accessing a packet of documents created by a health facility that handles behavioral (group)... View More

James L. Arrasmith
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answered on Jul 21, 2024

No, a probation office cannot enforce an unwritten requirement mandating the disclosure of a patient’s therapy records to a third party without proper legal basis. Therapy records and patient notes are generally protected by HIPAA, which ensures the confidentiality of medical information. The... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Ohio on
Q: What is the maximum supervised release federally for conspiracy to distri under 100g of heroine. What class conviction

I was a career offender (under 100 g of heroine( conspiracy to distribute) and was given 6 years supervised release on top of my sentence And it was my first time going to prison. Is 6 yrs excessive. Also what class felony is this conviction.(6th cir Northern Ohio.

James L. Arrasmith
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answered on Jul 21, 2024

The maximum term of supervised release for a federal conviction of conspiracy to distribute under 100 grams of heroin depends on various factors, including the specific details of your case and your criminal history. Generally, supervised release terms for drug offenses can range from 3 to 5 years,... View More

1 Answer | Asked in Criminal Law, Constitutional Law and Domestic Violence for Ohio on
Q: Was I falsely imprisoned for a week

Was arrested July 4th 5:00 p.m. supposed domestic violence held until Monday 3:00 p.m. when I was told no charges were ever filed

James L. Arrasmith
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answered on Jul 21, 2024

It sounds like you experienced a troubling situation. Being arrested on July 4th for supposed domestic violence and then held until Monday without any charges being filed raises serious questions. Generally, if no charges are filed, holding you for that long could potentially be considered false... View More

1 Answer | Asked in Civil Litigation, Criminal Law and Civil Rights for Ohio on
Q: How do I get a lawyer for my husband who is being held in Miami county jail on a PV holder for invest.

He’s been held for almost two weeks. And it’s over a neighbor saying he verbally threatened them. Which is a lie.

James L. Arrasmith
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answered on Jun 21, 2024

To help your husband get legal representation while he's being held in Miami County Jail, you can take the following steps:

1. Contact the Miami County Public Defender's Office:

If your husband cannot afford a private attorney, he may qualify for a court-appointed lawyer....
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1 Answer | Asked in Criminal Law, Animal / Dog Law, Civil Rights and Landlord - Tenant for Ohio on
Q: What can I do to get my belongings back from my boyfriends mother?

For context, my boyfriend and I ended up losing our home and living in his moms basement for a couple months. I found out I was pregnant and soon after, him and his mom had gotten into an argument about the way we were being treated there. (Not being able to do laundry, being accused of things we... View More

James L. Arrasmith
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answered on Jun 21, 2024

Based on the situation you've described, here are some potential steps you could consider:

1. Document everything: Make a detailed list of all your belongings that are still at your boyfriend's mother's house, including any items of particular value or importance.

2....
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1 Answer | Asked in Criminal Law and Social Security for Ohio on
Q: Can you be charged for receiving stol in property if the police find a stolen car in front of your house but you didn't
James L. Arrasmith
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answered on Jun 19, 2024

Generally speaking, to be guilty of receiving stolen property under Ohio law (ORC 2913.51), the prosecution would need to prove beyond a reasonable doubt that you received, retained, or disposed of property of another, knowing or having reasonable cause to believe the property was obtained through... View More

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